Change Of The Measurement And Calibration Act

Original Language Title: Änderung des Maß- und Eichgesetzes

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10. Federal Act, which changes the measure and calibration law

The National Council has decided:

The measure and calibration law (MEG), BGBl. No 152/1950, as last amended by the Federal Law BGBl. I No 129/2013, shall be amended as follows:

1. In § 5 (1), para. 2, para. 3, Z 1 lit. d and para. 5, § 18, § 21, § 27, § 28, § 32 para. 1, para. 3 and para. 5, § 35 para. 4 and para. 8, § 36 para. 3, § 38 para. 8, § 49 para. 2, § 50, § 57 para. 1, § 60 Z 3, § 62 para. 1 and para. 2, § 63 para. 2 and § 70 the phrase "Economy, Family and Youth" through the phrase "Science, Research and Economy" replaced.

2. In § 5 paragraph 3 Z 1 lit. c will be the phrase "European and international affairs" through the phrase "Europe, integration and exterior" replaced.

3. In § 5 paragraph 3 Z 1 lit. h becomes the word sequence "Science and research" through the phrase "Families and Youth" replaced.

4. § 8 (7) (2) to (4) are:

" 2.

Calibration (Accreditation Act 2012-AkkG 2012, BGBl. I No 28/2012, as amended),

3.

Test Points (AkkG 2012),

4.

Inspection bodies (AkkG 2012), "

5. In § 8 (7) Z 5, the phrase " last amended by the Federal Act BGBl. I No 80/2007 " through the phrase "in the version in force in each case" replaced.

6. The following paragraph 8 is added to § 8:

" (8) The measuring instruments of § 8 (1) Z 4 lit are not subject to verification. (a) to (c) the provisions relating to procedures for interoperability constituents in the second main part of the 8 Part of the Railway Act 1957-EisbG, BGBl. No 60/1957, as amended. '

7. In § 12, the phrase " last amended by the Federal Act BGBl. I No 143/2009 " through the phrase "in the version in force in each case" replaced.

(8) In Section 12b (4), the phrase shall be: " § 34 (3) of the Radiation Protection Act, BGBl. No 227/1969, idF of the Radiation Protection-EU Adaptation Act, BGBl I No. 146/2002 " through the phrase " § 34 (1) of the Radiation Protection Act, BGBl. No 227/1969, as amended, ' replaced.

9. At the end of § 18, the word "To set" .

10. In § 35 (1) the word order shall be "Economy and Work" through the phrase "Science, Research and Economy" replaced.

(11) The following paragraph 5 is added to § 36:

" (5) For oaks which have been carried out for gas meters, electricity meters, measuring instruments for thermal energy and water meters in the last three months of a year, the Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) is responsible for the application of a calibration office. Marking of the measuring instruments tested for calibration with the annual sign of the following year on condition that these measuring instruments are not before the 1. Jänner of the following year shall be put into use. In the case of the application, it should be stated how it is ensured that these measuring instruments are not before the 1. Jänner of the following year shall be put into use. The Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) is responsible for checking the method of ensuring its usefulness. "

12. The following paragraph 10 is added to § 38:

" (10) Manufacturers of measuring instruments shall have the information and documents required for calibration and not already in the issued authorisation documents to the calibration authorities and to all the calibration centres authorised to calibrate these measuring instruments in accordance with section 38 (1) shall be made available electronically within 10 days at the latest. "

13. § 45 (8) Z 2 reads:

" 2.

at the end of the eighth month following the month of the affixing of the safety mark, for the rotary piston gas meter, the turbine wheel gas meter, the ultrasonic gas meter with a maximum flow rate greater than 65 m 3 /h and measuring instruments for thermal energy. "

14. The following paragraphs 9 to 13 are added to § 45:

" (9) The affixing of security marks in accordance with para. 2 to 4 and 8 shall only be permitted once until the calibration.

(10) Network operators for electricity within the meaning of Section 7 of the Electricity and Organization Act-ElWOG, BGBl. I n ° 143/1998 as amended and for gas within the meaning of § 7 of the Gaswirtschaftsgesetz 2011-GWG 2011, Federal Law Gazette I No. 107/2011, as amended, may be used for electricity meters and gas meters, for thermal energy suppliers and water for measuring instruments for thermal energy and water meters, without the extension of the measuring instrument, the software relevant for the measurement, which has been secured against change, under the following conditions:

1.

For the software update, the measuring instruments must comply with the conditions for the calibration capability in accordance with § 38 (1);

2.

The update is required only to correct any errors in the software that can lead to incorrect measurement results;

3.

The updated software shall not extend the functional scope of the measuring instruments;

4.

The examination of the suitability of the updated software has to be applied to the Federal Office for Eich-und Vermessungswesen. The application shall contain a description of the specific error of the software in use and the justification of the need to update it.

(11) The Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) must apply for a licence to update the software for a certain number of measuring instruments according to paragraph 10 in the form of measuring instruments. The test shall be carried out on samples using the test carried out in accordance with § 18 Z 2 lit. b Regulations adopted. After the software update has been completed, the specified number of measuring instruments must be checked and the result is a communication which will grant the application for software update in case of a positive test result. in the case of a negative test result. If, during the sampling test, the fulfilment of the requirements is not established, all measuring instruments of this lot shall be considered to be uncalibrated.

(12) Supper or network operator in accordance with paragraph 10 shall ensure that the updating of the updated software has to be carried out in accordance with the respective state of the art. The procedure for the introduction of the application shall be set out in the application as referred to in paragraph 10.

(13) Prior to the updating of the software, the measured values shall be read out, documented and made available in case of inquiries from the customer or the customer. "

15. In accordance with § 45, the following § 45a is inserted:

" § 45a. (1) calibrated measuring instruments may be opened exclusively by the calibration authorities or by authorised calibration points for the replacement of parts not relevant to the oak, without subsequent recalibration, in compliance with the following conditions: (short term opening):

1.

The use cases requested by the authorised oak office and procedures for the short-term opening were examined and approved by the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen);

2.

The provisions of the procedures for the short-term opening of the procedure must ensure that neither the relevant parts nor the software are taken into account;

3.

The short-term opening may only be carried out by the body which has also carried out the last calibration;

4.

The staff entitled to open the short-term opening shall be present throughout the opening of the opening;

5.

Prior to the short-term opening, the authorised personnel must check whether all the designated stamping points are unharmed and come from the last calibration in accordance with Z 3;

6.

A functional examination must be carried out and documented after the short-term opening;

7.

All stamp points that have been injured by the short-term opening must be restored and the restoration must be documented;

8.

The notification of short-term openings shall be in accordance with the same requirements as those in the case of oak carried out. "

16. The following paragraph 3 is added to § 48:

" (3) The calibration of a measuring instrument shall not be invalid by the inclusion of an updated software in accordance with § 45 (10) and (12) and by the short-term opening in accordance with § 45a. The period of grace shall not be extended by that date. "

17. In Section 55 (2), the word sequences shall be " last amended by BGBl. I No 121/2008 " , " last amended by BGBl. I No 52/2009 " and " last amended by BGBl. I No 6/2006 " in each case by the word sequence "in the version in force in each case" replaced.

18. The title before § 60 reads:

" Third Part

Audit

Section A

Audit Service "

19. § 61 (1) Z 7 reads:

" 7.

the qualified time stamp service can be made available, "

20. The headline before § 62a reads:

" Section B

Public Weighing "

21. The following paragraph 3 is added to § 72:

" (3) The Federal Law BGBl. I No 10/2015 was adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204, 21.7.1998, p. 37 as last amended by Regulation (EU) No 1025/2012, OJ L 206, 22.7.2012, p. No. OJ L 316, 14.11.2012, under the notification number 2013 /696/A. "

Fischer

Faymann